Missouri Military Academy v. McCollum

DOERNER, Commissioner.

This is an appeal by plaintiff from an order sustaining defendant’s motion to dismiss plaintiff’s amended petition on the ground that it failed to state a claim upon which relief could be granted. Since no contrary intent was indicated, the dismissal of the petition was a dismissal of plaintiff’s action, and therefore a final, appealable judgment. Frank v. Sinclair Refining Co., 363 Mo. 1054, 256 S.W.2d 793; White v. Sievers, 359 Mo. 145, 221 S.W.2d 118; Jones v. Williams, 357 Mo. 531, 209 S.W. 2d 907.

In view of the nature of the claimed deficiencies of the petition it…